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Register November 2008 No. 635
Chapter DWD 811
PERFORMANCE-BASED CONTRACTING
DWD 811.01       Definitions.
DWD 811.02       Partial payments.
DWD 811.03       Performance-based contracts which do not meet requirements of 20 CFR 629.38 (e) (2).
Ch. DWD 811 Note Note: Chapter ILHR 811 was renumbered to chapter DWD 811 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DWD 811.01 DWD 811.01 Definitions. In this chapter:
DWD 811.01(1) (1) "Full performance" means meeting all of the requirements stated in the contract for receiving full payment.
DWD 811.01(2) (2) "Partial payment" means any amount less than full payment.
DWD 811.01(3) (3) "Performance-based contract" means a contract in which payment is based wholly on the delivery of some service, that is, performance by the contractor.
DWD 811.01(4) (4) "Program operator" means any agency, organization or individual receiving Job Training Partnership Act funds which originally came into the state of Wisconsin through the division of employment and training policy in the department of workforce development.
DWD 811.01(5) (5) "Training" is the cost category required for reporting purposes, and identified at 20 CFR 629.38 (a).
DWD 811.01 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.
DWD 811.02 DWD 811.02 Partial payments. Partial payments made by program operators to their subcontractors or subgrantees for less than full performance in a performance-based contract may be charged entirely to training, if the contract meets the requirements contained in 20 CFR Part 629.38 (e) 2.
DWD 811.02 Note Note: Federal requirements. According to the requirements at 20 CFR 629.38 (e) 2, "Costs which are billed as a single unit charge do not have to be allocated or prorated among the several cost categories but may be charged entirely to training when the agreement:" - See PDF for table PDF
DWD 811.02 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. Register, November, 1995, No. 479, eff. 12-1-95.
DWD 811.03 DWD 811.03 Performance-based contracts which do not meet requirements of 20 CFR 629.38 (e) (2). Payments made by program operators to their subcontractors or subgrantees under a performance-based contract which does not meet the requirements contained in 20 CFR Part 629.38 (e) (2) is allocated or prorated among the several cost categories. This allocation is based on a reasonable estimate of the actual costs incurred in performing the contract. Where necessary detail cannot be provided to determine actual costs, such as for tuition fees, a reasonable breakdown of the single unit charge among cost categories is sufficient.
DWD 811.03 Note Note: 20 CFR 629.37 (c) states:
DWD 811.03 Note "The Governor shall issue guidelines on allowable costs for SDA and statewide programs . . ."
DWD 811.03 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
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